How Do Injury Lawsuits Work?
While every injury differs, the majority have a common pattern. The first step is to get prompt medical attention. This is crucial because some injuries, such as concussions, might not present any obvious signs.
Your lawyer will then draft and send an insurance demand letter to the responsible party. This will begin the negotiation process for settling your claim.
The Complaint
In a lawsuit, the complaint is the legal document that you (the plaintiff) describe what actions of the defendant or lack of action caused your injuries. The complaint includes the demand for relief that is the monetary amount you seek from the defendant to compensate for the damages you sustained. The complaint also contains a request for declaratory judgment or injunctive relief, compensation and actual damages (monetary), punitive damages, costs and interest.
It is a good idea have an injury lawyer prepare your complaint to ensure it conforms to the specific guidelines of the court in which you are arguing. This is especially true if you are involved in a case that may be contested by the opposing party's insurance company which has its own lawyers who have specialized experience handling such cases.
After your Complaint is prepared, it will be filed in the appropriate court and personally delivered to the person or entity that injured you. This is referred to as service of process. It ensures that the defendant receives your Complaint along with your request for damages.
When the defendant is served with a copy of the Complaint and is required to respond to it within a specific timeframe or risk being found to be in default of their obligation pay you. The defendant's response can take the form of a formal Answer to the Complaint, a Motion to Dismiss or a Counterclaim.
Both parties will exchange documents to prepare for trial. This is a crucial stage for your attorney to gather information and evidence about how the accident occurred, the extent of your injuries and the magnitude of your losses.
One of the most important tools available to your injury lawyer in this phase is called a Request for admission. Your lawyer will ask the defendant a series questions to confirm or refuse their answers under an oath. This can be used to identify areas of the case that might require investigation, such as witness testimony or medical records.
The Litigation Period
In the majority of civil law countries there are laws referred to as statutes of limitations. They stipulate that lawsuits must be filed within a specific time period after the occurrence of an injury or else the right of action will expire. This is often referred to as "time barred."
The statute of limitations varies based on the country, and the nature of the case. The majority of them allow plaintiffs for a breach in contract or personal injury to bring a suit within a set amount of time after the event which caused injury.
When the clock begins to tick on the statute of limitations it can be a bit confusing to know precisely when the deadline is. YouTube will be based upon the date on which the damage was caused or the date that the damage was discovered. It could also be based upon the date a court will consider to be the date that an individual reasonably should have discovered they had been harmed.
The clock will begin to run from the day the harm occurred or the day the plaintiff should have discovered the damage. Sometimes, a court can extend the time period for a statute of limitations, or toll it for special circumstances. For instance when a doctor performs an operation on a patient, and then accidentally removes their spleen as part of the procedure, this could qualify as medical malpractice. In this case, the patient may be subject to an extended limitation of two years.
The parties will present their arguments before a judge and the judge will take a decision based on the evidence presented. The written decision will contain the facts the judge has found to be true and the legal conclusions that follow from the facts. The judgment will then contain directions as to who should pay what amounts. In most cases, the plaintiff will be ordered to pay for any damages that are awarded, while the defendant will be ordered to cover all costs incurred with the trial. If the judge finds that the defendant was at fault in the case, they may be ordered to pay claimant's attorney fees.
Negotiation
During litigation, parties will often attempt to settle the case. This is done to save money, like on court fees as well as expert witness fees, etc. It can also save you time and the stress of going to court. Settlement negotiations are designed to help you in getting a settlement that covers your losses, which include medical bills as well as lost income, discomfort and pain. It may also include the compensation for a family member's loss in cases of wrongful death. Remember that the insurance company will often attempt to underpay you. This is why you should be able to count on a seasoned personal injury lawyer, such as the ones at Salvi, Schostok & Pritchard P.C. and be on your side throughout this process.
Negotiation is a voluntary, dispute resolution procedure that can take many forms. It may occur in the course of the course of litigation or after a jury has come to the verdict of the course of a trial. It's a process that occurs at every level of society - both on an individual and corporate scale.